The Delhi Real Estate Regulatory Authority (Delhi RERA) has issued directions to all sub-registrars not to register new properties that violate the norms of the maximum number of dwelling units permitted on a certain plot size under the Unified Building Bye Laws (UBBL) for Delhi, 2016.
The real estate regulator also asked the Municipal Corporation of Delhi (MCD) and other civic bodies not to clear building plans exceeding the permissible number of dwelling units in accordance with the plot size.
Experts said that the order is likely to affect construction in unauthorised colonies where numerous floors and multiple units are built on smaller plots. They hoped the order will “certainly regulate” the construction in unauthorised colonies and its impact will also be felt on builder floors and buildings in planned localities, if it is implemented in true spirit.
The Delhi RERA order
Delhi RERA, in its order, observed that civic authorities such as MCD, Delhi Development Authority, New Delhi Municipal Council (NDMC) and Delhi Cantonment Board are sanctioning building plans with additional dwelling units without a kitchen but built with a pantry or store. “The builders, after sanction of building plans, convert pantries and stores into kitchens and sell units as separate dwelling units, circumventing orders of the Supreme Court,” the RERA order observed.
The Delhi RERA order, which was issued on September 11, 2023, but was received by the registrar office on November 17, directed the concerned agencies to stick to a 2008 order of the Supreme Court where the court has fixed the maximum number of dwelling units that could be constructed on different plot sizes.
Under UBBL and according to the Supreme Court's 2008 order, plots up to 50 square metres (sqm) with 90 percent maximum ground coverage and Floor Area Ratio (FAR) of 350 can have three dwelling units. Plots of 51-100 sqm and 100-250 sqm can have four dwellings while plots with 250-750 sqm can have five units. Plots measuring 750-1,000 sqm and 1,000-1,500 sqm can have seven dwelling units. Ten dwelling units can be allowed for plots measuring 1,500-2,250 sqm and 3,750 sqm and above with 50 percent ground coverage and a FAR of 200.
The real estate regulator further stated that all building plans sanctioned after September 15, 2023, shall indicate clearly the total number of dwelling units that can be constructed on the plot, marking each dwelling unit separately on the plan, indicate clearly the total number of dwelling units that can be constructed on each floor, identify and mark each dwelling unit by giving a number such as DU-1/10, DU 2/10 etc, where the numerator DU shall be the dwelling unit number and denominator the total number of units allowed.
Delhi RERA said that the promoter or builder or collaborator selling these dwelling units shall clearly mention the number of dwelling units approved by the concerned authority in the ‘agreement of sale' and 'sale deed'.
“The Authority further directs all sub-registrars not to register more than the number of dwelling units on the sizes of the plots given, not to register any sale deed for any dwelling unit without the dwelling unit number given by the civic body in the sanctioned building plan,” the RERA order stated.
Impact of the order
Jagdish Mamgai, former Chairman Building Construction Committee of MCD and an expert on such matters, said that the order will ultimately benefit homebuyers and curb “unauthorised construction” which is prevalent in Delhi.
Unlike its satellite towns such as Gurugram and Noida, Delhi does not have many high rises. But small-scale builders and contractors are active who bypass laws and engage in “illegal construction,” especially in unauthorised colonies.
“In most of such localities it is seen that builders have constructed 5-6 floors on a small plot of 50-60 square metres. Unauthorised colonies are dotted with such buildings. Such construction not only makes these buildings unsafe but also leaves homebuyers vulnerable to legal or authoritative action if a mishap occurs. The RERA order will certainly regulate this and put a curb on unauthorised construction, if implemented in true spirit,” Mamgai told Moneycontrol.
He said that in 2010 the MCD had also advocated that such buildings “constructed Illegally” should not be registered, but that order could not be implemented.
Rohit Chopra of Southdelhiprime, a real estate consultancy, also echoed similar views and said that it is unlikely to have any impact on properties located in planned colonies or bungalows or single units on freehold properties or cooperative housing societies as buildings are constructed following the sanction plan and other norms.
“Its impact will be visible in the micro markets where illegal construction is happening such as unauthorised colonies. In unauthorised colonies the number of dwelling units had been mushrooming even on smaller plots. This order aims to control such illegal construction activities,” Chopra said.
The sub-registrar offices across Delhi have stopped registering new properties “for now” awaiting more clarity on the matter. "A meeting will be held with the RERA Chairman on the matter to get more clarity. Further steps will be taken thereafter,” an official from the registration department said, requesting anonymity.
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